Reno middleweight Joey Gilbert will attend a disciplinary hearing before the Nevada State Athletic Commission on Nov. 14, in Las Vegas, according to its executive director Keith Kizer.
After testing positive for six banned substances, including the steroid Stanozolol metabolite (formerly Winstrol) and the street narcotic methamphetamine, the 31-year-old Gilbert was placed on temporary suspension retroactive to his Sept. 21 fight with Charles Howe at Reno Events Center.
Gilbert, 16-1 with 12 knockouts, stopped Howe in the first round.
Kizer said Friday that Henderson attorney Jamie Cogburn would represent Gilbert at the hearing. Cogburn replaces Reno-based attorney Michael Alonso, who Kizer said resigned from the case.
Alonso could not be reached for comment.
Cogburn is the latest in a string of attorneys and experts Gilbert has retained in his battle to clear himself of the charges. In addition to Alonso and Cogburn, Gilbert - who is also a licensed attorney and promoter - had assembled in his defense toxicologists Dr. Robert Voy and Dr. Ray Kelly and attorneys Anthony Cardinale and Paul Larsen.
Kizer said Cogburn informed the commission that Gilbert would like to go forward with the Nov. 14 hearing, which is scheduled for 9 a.m.
"We appreciate that," Kizer said. "Alonso wanted to wait until December. With his new attorney, Gilbert asked to be placed on the (Nov. 14 hearing). We appreciate that Mr. Gilbert will be ready to go for the November hearing. We were happy to postpone it until the December meeting."
Kizer said the commission still has not seen the results of an independent test Gilbert said he would provide after finding out he had tested positive for banned substances in pre- and post-fight urinalyses.
In an Oct. 2 release to the Associated Press, Gilbert spokeswoman Julia Peaua said that Gilbert would submit a voluntary sample "within 24 hours."
Kizer said he had received a call around 5 p.m. on Friday, Oct. 5 from NSAC chief inspector and University of Nevada club boxing coach Mike Martino, who said that Gilbert had called him because Quest Diagnostics wouldn't give a test to the boxer.
Quest Diagnostics is the agency that conducted the tests.
"It wouldn't matter if we got the second test," Kizer said. "Two weeks later, all but the steroids would be out of his system. And if he was cycling the steroids, they should be out of his system by then."
Kizer said neither Voy nor Kelly would confirm or deny Gilbert had taken a voluntary test. But Kizer did say a B sample of Gilbert's urine had been sent to the University of Utah to be re-tested.
"It hasn't been (re-) tested yet. It's on the way there," Kizer said. "I will get the test results when they come back."
In an earlier interview, Kizer said there is no requirement to test a B sample if the first sample comes back positive. In the event of a positive, there is an automatic re-test.
In addition to the steroid and meth, Gilbert also tested positive for the amphetamine Addarall and three benzodiazapines - noriazepam, oxazepam and temazepam.
Gilbert had also tested positive for the last four drugs following his 10-round technical knockout over Juan Astorga May 12 at Reno Events Center. Prior to fighting Howe, Gilbert signed a pre-fight document that he had been taking Addarall, the muscle relaxer and controlled substance Soma, Valium and Xanax in the month leading up to the fight.
Kizer said he had never seen a boxer test positive for six drugs before.
"As much as quantity, quality counts," Kizer said. "One (positive) test for steroids is equal to everything else in your system. On the four he tested positive before, I barely decided not to file a complaint."
Instead, NSAC chairman Tony Alamo warned Gilbert in a letter that he would not be medically cleared to compete if he ingested the Addarall or any other amphetamines before or during a fight.
Gilbert responded to the latter with one of his own, promising to never make that mistake again.
Gilbert isn't expected to receive any disciplinary action as an attorney if his B sample tests positive, but his win over Howe would be changed by the NSAC to a no decision and he faces fines up to $25,000 and a nine-month suspension - or longer - retroactive to Sept. 21.
In the meantime he will remain on temporary suspension and not be allowed to promote, box, work the corner or attend boxing matches.